Hampton Roads Assault Lawyer

Assault is broadly defined under Virginia law and it may be hard to determine whether a particular action qualifies as an assault. Not only must prosecutors prove that you intended to harm another, but they also must prove that you actually took some action or step to do so. Getting more information about what may or may not constitute assault may be easier if you consult with a Hampton Roads assault lawyer. Call and schedule a legal consultation with an experienced criminal defense attorney as soon as possible.

Assault Defined

Virginia’s assault law includes both legal concepts of assault and battery, even though they are normally seen as separate and distinct criminal offenses. Whereas assault typically involves intentional actions that cause others to fear imminent harmful or offensive contact, battery includes any intentional physical contact with others that are harmful or offensive. Essentially, battery refers to physical contact with another, whereas assault simply refers to the threat of harm to another; as a result, every battery by definition also includes an element of assault.

Assault as a Misdemeanor Criminal Offense

Simple assault or an assault and battery offense is classified as a Class 1 misdemeanor according to Va. Code Ann. § 18.2-57. Assault as a hate crime, which is based on others’ race, religion, color, or national origin, also is a Class 1 misdemeanor.

A misdemeanor charge is also possible when the target of an assault is a school official, teacher, or employee or a doctor, nurse, or other healthcare worker acting in the course of their official job duties.

Under Va. Code Ann. § 18.2-57.2, a first domestic assault conviction also is a Class 1 misdemeanor under Virginia law. An assault becomes domestic in nature when its complainants are certain family or household members of the perpetrator, as defined by Va. Code Ann. § 16.1-228.

These individuals include current or former spouses, parents or stepparents, children or stepchildren, siblings or half-siblings, grandparents or grandchildren, in-laws, individuals who share children, and individuals who live together or who have lived together in the last 12 months, along with children belonging to either party.

Penalties for Misdemeanor Assault

Conviction on Class 1 misdemeanor assault can result in a jail sentence of up to one year and a $2,500 fine. If the assault qualifies as a hate crime misdemeanor, however, the minimum jail sentence is six months, with a maximum of one year.

If assault and/or battery is directed toward school officials, teachers, or employees in the course of their official duties, there is a minimum jail sentence of 15 days. This is also the case when the complainants of an alleged assault offense are doctors, nurses, or other healthcare workers during the course of their employment.

Assault as a Felony Criminal Offense

Hate crime-based assault becomes a Class 6 felony when individuals who were targeted by reason of their race, religion, color, or national origin sustain a physical injury as a result of the offense. The same is true for assaults directed at law enforcement officers, firefighters, emergency service personnel, corrections officers, and other public officials or employees acting in the course of their official duties.

Domestic assault also becomes a Class 6 felony when individuals have two or more previous convictions within the last 20 years for assault or a similar criminal offense against a family or household member. This is the case whether the convictions occurred in the state of Virginia or in another state.

Penalties for Felony Assault

When individuals are convicted of a Class 6 felony assault, they may receive a prison sentence of up to five years. When the assault complainant is a law enforcement officer or another public official as described above, there is a minimum six-month sentence of incarceration, with a maximum prison sentence of five years. A Hampton Roads assault lawyer could mitigate the penalties that someone may face.

Let a Hampton Roads Assault Attorney Assist You

When you are accused of committing assault, you could be facing significant jail time and even a felony record, depending on the situation. Getting advice from an experienced Hampton Roads assault lawyer may allow you to fight back against these charges and avoid the potentially severe consequences of a conviction.